Emily Kanstroom Musgrave

(she/her/hers)

Appellate

• Provided strategic guidance, research and drafting for an appellate brief on behalf of a Fortune 500 biotechnology company, in an ongoing employment discrimination case brought by a former employee. The case is currently pending in the Ninth Circuit Court of Appeals.
• Briefed, argued, and won before the Massachusetts Supreme Judicial Court a case of statutory first impression and constitutional dimensional concerning the interpretation of G. L. c. 123, § 12, which raised the question how long a patient in psychiatric distress may be cared for in an emergency department while waiting for a bed in an appropriate in-patient psychiatric facility.
• Provided strategic guidance, research and drafting for the Respondent’s Brief on behalf of a nationwide retailer before a California Court of Appeal, in a wrongful termination claim filed by a former employee. After submission of the Brief, the appeal was dismissed at the appellant’s request.
• Co-authored and supervised a team in researching and drafting an amicus brief submitted to the Massachusetts Supreme Judicial Court on behalf of the National Homelessness Law Center, in a case concerning the rights of people experiencing homelessness.
• Briefed and argued an appeal before the Massachusetts Appeals Court on behalf of a non-profit conservation organization. The lawsuit centered on a conservation restriction that was placed on waterfront property in Duxbury, MA
• Worked with a team to file an amicus brief in the case of County of Maui, Hawaii vs. Hawaii Wildlife Fund, (United States Supreme Court Case No. 18-260), a critical case concerning whether the federal Clean Water Act regulates discharges of pollutants into groundwater that then flows into navigable waters.
• Briefed and argued before the Massachusetts Supreme Judicial Court a case presenting the novel legal question whether a veteran would be considered indigent (and so entitled to a waiver or reduction of court fees and other costs) under the Indigent Court Costs Law, G. L. c. 261, §§ 27A-27G.

Securities and Complex Commercial Litigation

• Currently representing a French therapeutics company in a putative class action filed in the US District court for New Jersey. The complaint alleged the company made false or misleading statement and/or failed to disclose sufficient manufacturing data on their key therapeutic treatment.
• Currently representing a national automotive parts retailer in a Securities Class Action in the District of Delaware and successfully obtained dismissal of a related derivative action against its board of directors and certain senior executives.
• Successfully represented bondholders who owned a majority stake of bonds used to finance a continuing care retirement community, in a dispute with the debtor and Unsecured Creditors Committee connected to the property and its bankruptcy filing.
• Successfully opposed a motion for preliminary injunction in a case alleging trade secret misappropriation under federal and state law.
• Achieved a decisive arbitration victory on behalf of a supplier in a complex contractual dispute with an automobile manufacturer, resulting in an award of over $10M, plus attorneys’ fees and expert costs.
• Represented pharmaceutical company defendant in the Nexium antitrust MDL litigation, the first alleged “pay-for-delay” case to go to trial since the Supreme Court’s 2013 decision in FTC v. Actavis, resulting in a favorable settlement for Emily’s client.
• Part of team that secured no charge for government official in wide-ranging public corruption investigation.
• Represented Taiwanese creditor in complex civil RICO case in California federal court involving claims against 34 foreign and domestic defendants. The firm achieved a successful settlement of the case at the commencement of trial.